 Brief Considerations on Perfecting and Super-Specialization in Juvenile and Family CasesRaluca Laura Dornean Paunescu ()
Review of Law and Social Studies, 2024, vol. 1, issue 1, 21-39 Abstract: The main objective of the pending study is to highlight the fact that legal assistance and representation carried out by lawyers, as conventional representatives of litigants, in the field of family law is a stressful activity, both from a legal perspective and especially from a psychological perspective. Neither in law school, nor during continuing professional training, does the lawyer learn how to manage social phenomena and particular emotional situations, respectively how to approach a case without emotional involvement, in a detached, purely legal way. Specifically, the author discovers that undoubtedly, individual interdisciplinary studies in the field of couple psychology, respectively child psychology, are beneficial in the assumption of taking over files in which the status quo changes day by day, hour by hour, minute by minute and involves a situation that generates emotions and feelings, not just facts or legal acts. In the same sense, the author observes that, of course, emotions, rational or not, are very important for the litigant seeking support, and ignoring them or expressing biases would lead to the loss of trust in the lawyer. On the other hand, most of the time, the lawyer is asked to transform into a psychologist, to offer therapy as well, not just legal consultation/assistance and legal representation. The research methods to achieve the proposed objectives are varied, taking into account the comparative method, interdisciplinary aspects between administrative law and civil law are exposed, respectively the judicial organization, the logical method, which tends to outline a more rigorous legislative exposition, the critical method, with the purpose of presenting the current legislative deficiencies, as well as the systemic method, which tends to the possibility of bringing scientific research a cardinal importance. The results and implications of the study will be major from the perspective of law enforcement and the interpretation of legal provisions, since in corollary, de lege ferenda proposals will be expressed to include interdisciplinary discussion and courses sessions within the continuous training of lawyers – indispensable partners of the act of justice, active in Family Law cases, with sociologists, psychologists, anthropologists and other professionals involved in family relation, with the major involvement of the assimilated administrative authority, the National Union of Romanian Bar Associations. Keywords: super-specialization; lawyers; emotions; family law cases; family law; couple psychology; child psychology. (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:sja:journ2:v:1:y:2024:i:1:p:21-39 Access Statistics for this article More articles in Review of Law and Social Studies from Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences) Contact information at EDIRC. |
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